Priscilla J. Molina D/B/A Platinum Risk Insurance Services v. Connie Hinojosa

Court of Appeals of Texas·Decided December 3, 2020·No. 13-20-00088-CV·Published

Opinion

NUMBER 13-20-00088-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

PRISCILLA J. MOLINA D/B/A PLATINUM RISK INSURANCE SERVICES Appellant,

V.

CONNIE HINOJOSA, Appellee. ____________________________________________________________

On appeal from County Court at Law No. 5 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Tijerina Memorandum Opinion written by Justice Tijerina

Appellant filed a notice of appeal on February 10, 2020. On the same date, the

clerk notified appellant that the notice of appeal was not in compliance with TEX. R. APP.

P. 9.5 and 25.1. To date, the appellant has neither responded nor cured the defects in

the notice of appeal. On March30, 2020, the clerk notified appellant that her docketing statement was past due. On April 15, 2020, the clerk sent a second notice regarding the

defects in appellant’s notice of appeal; however, the notice was returned undeliverable.

On September 17, 2020, the clerk sent an email to appellant requesting an updated

mailing address, and no response has been received.

Texas Rule of Appellate Procedure 9.1(b) requires unrepresented parties to sign

any document filed and "give the party's mailing address, telephone number, fax number,

if any, and email address." See TEX. R. APP. P. 9.1(b). Appellant has not provided this

court with a forwarding address. Appellant has not taken any action to prosecute this

appeal since February, 2020.

Furthermore, Rule 42.3 permits an appellate court, on its own initiative after giving

ten days' notice to all parties, to dismiss the appeal for want of prosecution or for failure

to comply with a requirement of the appellate rules. See id. 42.3(b), (c). Accordingly, We

DISMISS the appeal for want of prosecution. See TEX. R. APP. P. 42.3.

JAIME TIJERINA Justice Delivered and filed this 3rd day of December, 2020.

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